64. Publication of particulars and other matters relating to dealers under section 27 or 97

(1) Where a dealer –

(i) has been found indulging into issuing tax invoice, credit-note or debit-note without entering into the transaction of sale or purchase of the goods,

(ii) has been found indulging into over invoicing or under invoicing of the transaction, or

(iii) whose registration certificate has been cancelled or suspended under Section 27 of the Act

the Commissioner shall hold an inquiry and after giving an opportunity of being heard, if he comes to the conclusion that on account of any of the conducts of a dealer referred to above the revenue of the Government by way of granting tax credit to the purchaser of such dealer is adversely affected, he shall publish the name of such selling dealer on the official website.

(2) A dealer whose name has been published under sub-rule (1) shall be referred to as the ‘listed dealer’ for the purpose of this rule.

(3) From the date of publication of name as referred to in sub- rule (1), tax credit claimed under section 11 shall not be admissible on the transactions made from the listed dealer.

(4) The contingencies referred to in clauses (i) to (iii) of sub-rule(1), as applicable to the dealer, in the opinion of the Commissioner does not exist either on account of the conduct of such dealer or due to the judgment, decree of any court or an order in appeal in favour of such dealer, the Commissioner shall publish such particular of the dealer in the manner referred to in sub-rule (1) and such dealer shall be referred to as ‘delisted’

(5) The Commissioner shall also specify the date of delisting such dealer and thereafter the transaction made by such dealer shall be eligible for tax credit subject to provisions of section 11 and rules made there under.